Ferpa's Journey: From Idea To Law

The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, became law in the United States in 1974. The Act, which was signed by President Ford, governs the confidentiality of student educational records and applies to any public or private elementary, secondary, or post-secondary school that receives federal funding. FERPA has two main purposes: to grant parents (and students aged 18 or older) access to student education records, and to protect those records from disclosure to third parties without parental consent.

The law was passed in 1974

The Family Educational Rights and Privacy Act (FERPA) was passed in 1974. Also known as the Buckley Amendment, it was signed into law by President Ford on August 21, 1974.

FERPA was passed to protect the privacy of students and their parents. It is the cornerstone of education privacy, and it gives students and parents certain rights regarding their educational records. The law applies to any educational institution that receives federal funding, which includes all public schools and most private institutions.

FERPA has two main purposes: to grant parents (and students aged 18 or older) access to the student's educational record, and to protect that information from disclosure to third parties without parental consent. The law allows students and parents to inspect and review the student's education record, request corrections, and control the release of personally identifiable information.

FERPA classifies protected information into three categories: educational information, personally identifiable information, and directory information. Educational information includes transcripts, GPA, grades, social security numbers, and academic evaluations. Personally identifiable information can only be disclosed if the educational institution obtains the signature of the parent or student (if over 18) and provides specific information about the disclosure. Directory information is considered less sensitive and can be disclosed as long as the educational institution gives public notice and allows students and parents to opt out.

FERPA has been amended several times since its passage in 1974 to address new circumstances and technologies and to clarify certain provisions. Despite these changes, FERPA remains an important protection for student privacy and a guide for educational institutions in maintaining the confidentiality of student records.

It gives parents access to their child's records

The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, became law in 1974. It grants parents access to their children's education records, allowing them to:

• Inspect and review their child's education record.
• Request corrections and amendments to the record.
• Control the disclosure of personally identifiable information from the record.

FERPA applies to any educational institution that receives federal funding, including public schools and most private institutions. When a student turns 18 or attends a post-secondary institution at any age, the rights under FERPA transfer from the parents to the student.

FERPA has been criticised for being used to conceal non-educational public records. However, it is important to note that FERPA only applies to educational agencies and institutions that receive funds from the U.S. Department of Education. Additionally, it only covers documents that directly relate to a student and are maintained by an educational agency or institution.

FERPA also allows schools to release certain information without parental consent, such as directory information (e.g. student's name, address, phone number, etc.), student IDs, and email addresses.

FERPA provides parents with the following rights regarding their children's education records:

• The right to inspect and review the records.
• The right to request corrections and amendments if information is inaccurate, misleading, or violates the student's privacy.
• The right to control the disclosure of personally identifiable information.
• The right to be informed about their rights under FERPA and the procedures to exercise these rights.

In summary, FERPA gives parents access to their child's education records and provides them with the ability to make corrections, control disclosure, and stay informed about their rights and procedures.

Students can seek to amend their records

The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, became law in 1974. FERPA grants parents and students over 18 the right to seek to amend student records that are inaccurate, misleading, or otherwise violate student privacy.

FERPA limits parents' right to seek to amend a record by allowing them to challenge only information that is inaccurate, misleading, or otherwise violates a student’s privacy. For example, substantive decisions that are inaccurately recorded, attendance information, noncustodial parent contact information, unnecessary or derogatory opinions, or items that a student shared with a school official in confidence.

The School's Responsibility

FERPA does not mean that schools must change a record whenever a parent requests it. It means that schools must follow a fair process. This includes responding to requests to amend within a reasonable time, notifying parents of their right to a hearing if the request is denied, and allowing parents to insert a statement explaining their views into the record if, after the hearing, a school decides not to amend the records. Schools must keep this statement with the record for as long as they maintain the record.

Time Limit

FERPA does not give schools a specific time limit for responding to amendment requests. The only requirement is that schools' response time be reasonable. If in doubt, schools can use the time period of 45 days required in FERPA’s regulations on the right to inspect and review records.

Procedure

Schools must annually provide a clear notice explaining how parents can seek an amendment, including whom the parent should contact and the information parents should include in their request. If a request is denied, schools should proactively inform parents of their right to a hearing and how to exercise that right.

Hearing

During a hearing, FERPA specifies that schools' decisions about whether to amend the record should derive solely from the evidence presented. At the end of a hearing, the school will present its decision to the parent, including a summary of the evidence and the reasons for the decision.

Record-Keeping

If, after following the process, the school decides not to amend the record, the parent has the right to place a statement with the record explaining why they think the record is problematic. Schools must keep this statement with the record for as long as they maintain the record.

Students can control the disclosure of their records

The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, was signed into law by President Ford on August 21, 1974. FERPA gives students the right to control the disclosure of their records. Here's how:

Right to Inspect and Review Records

Students have the right to inspect and review their education records, which includes the right to request corrections and obtain a copy of the institution's policy on accessing educational records. This right is extended to parents, who can access their child's records and request amendments.

Right to Consent to Disclosure

FERPA prohibits educational institutions from disclosing "personally identifiable information in education records" without the written consent of the student or their parents, if the student is a minor. This means that students can control who sees their records and what information is shared.

Right to Opt Out of Directory Information Sharing

FERPA gives parents and students the right to opt out of sharing directory information, which covers a wide range of information, including the student's name, address, telephone number, date and place of birth, major field of study, dates of attendance, participation in extracurricular activities, and more.

Right to File a Complaint

If a student or parent believes their rights under FERPA have been violated, they can file a complaint with the Department of Education's Student Privacy Policy Office (SPPO). Complaints must be filed within 180 days of the alleged violation and should include specific allegations of fact.

Right to Control Disclosure to Third Parties

FERPA also protects students' information from being disclosed to third parties without their consent. This includes preventing schools from releasing information to external companies without the student's permission.

Right to Privacy in Specific Situations

FERPA provides specific privacy rights in certain situations, such as allowing students to prevent the disclosure of their parking tickets, the findings of investigations into academic dishonesty, and more.

Right to Redact Personally Identifiable Information

Students can also control the disclosure of their records by redacting personally identifiable information. This includes information such as student numbers, student ID photos, and disciplinary emails.

Right to Transfer Rights at 18

It's important to note that once a student turns 18 or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student, who then has full control over the disclosure of their records.

In summary, FERPA provides students with a range of rights that allow them to control the disclosure of their records, ensuring their privacy and giving them a say in how their personal information is shared.

It applies to institutions receiving US Department of Education funds

The Family Educational Rights and Privacy Act (FERPA) applies to any public or private elementary, secondary, or post-secondary school, as well as any state or local education agency, that receives federal funding from the US Department of Education. This includes almost all public schools and the vast majority of private institutions.

FERPA grants parents the right to access their children's educational records, seek amendments, and control the disclosure of personally identifiable information. When a student turns 18 or enters a post-secondary institution at any age, these rights transfer from the parents to the student.

The Act has two main purposes:

• To grant parents and students aged 18 or older access to the student's educational record
• To protect that information from disclosure to third parties without parental consent

FERPA classifies protected information into three categories: educational information, personally identifiable information, and directory information. Educational information includes a student's transcripts, GPA, grades, social security number, and academic evaluations. Personally identifiable information can only be disclosed if the school obtains the signature of the parent or student (if over 18) on a document specifying the information to be disclosed, the reason for the disclosure, and the parties involved. Directory information, which is not generally considered harmful or an invasion of privacy, includes a student's name, address, telephone number, and student ID number.

FERPA also prohibits the disclosure of a student's protected information to third parties, including any individual or organization other than the student or their parents. Once an educational institution discloses protected information to a third party, it must ensure that the third party does not improperly disclose the information in violation of FERPA.

FERPA has faced criticism for being used to conceal non-educational public records. However, it is important to note that FERPA only applies to educational records and does not protect the confidentiality of information in general.

Frequently asked questions